Bryan Kohberger was back at court for a pre-trial hearing on Tuesday – just a day after prosecutors said they would seek the death penalty against the Idaho murders suspect.
The 28-year-old is accused of the November, 2022, killings of roommates Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and her boyfriend Ethan Chapin, 20.
Judge John Judge heard arguments at the Latah County Court from both sides on several motions, including one filed by Kohberger’s team asking the prosecution to hand over more evidence regarding DNA findings.
Kohberger was wearing a suit and tie as he entered the courtroom on Tuesday, as reported by New Nation reporter Alex Capraiello who was present.
Judge Judge decided to extend a gag order to law enforcement and investigators at the start of the hearing. He also clarified that under a strict order regarding cameras, the cameras present should not focus on Kohberger only and show the entirety of the hearing.
Bryan Kohberger made an appearance at a pre-trial hearing on Tuesday
Kohberger pleaded not guilty last month to the murders of roommates Maddie Mogen, 21. Kaylee Goncalves, 21, Xana Kernodle, 20, and her boyfriend Ethan Chapin, 20
Last week, Kohberger’s lawyers had requested proceedings stop until they have access to the materials seen by the grand jury who indicted him. That information is typically private but the lawyers have argued they need it to build a strong defense.
During the latest court hearing, the defense said they’re not on a ‘fishing expedition,’ but looking for specific materials needed for an adequate defense.
‘There is a heightened standard now that the State has announced it’s intent to seek the death penalty… and these are very relevant pieces of information,’ said Kohberger’s defense.
Specifically, the defense team is asking for the training records of three police officers who conducted ‘critical’ interviews with witnesses and made decisions regarding the investigation.
They also asked for additional information about the FBI team who provided cell phone records used in the probable cause affidavit. Prosecutors said they will hand over these items but the defense wants to know a specific date.
Finally, Kohberger’s lawyers said they need more information on the report by the FBI Forensic examiner who told police to look for white Hyundai Elantra.
However, prosecutors claimed the defense has everything the State has, including 10,000 tips and 51 terabytes of audio/video information. They added that the three officers’ training records are not material to the case as they probably won’t even testify at trial.
Prosecutors said that they will hand over the FBI forensic reports to the defense as soon as the review process is ready ‘within the next few weeks.’
Judge Judge said the materials have to be turned to the defense team by July 14.
He will take both sides’ arguments under advisement will release a written decision soon., he said.
In a filing last week, the defense tied to poke holes in the indictment, accusing prosecutors of ‘hiding their case’ and not being transparent about the methods used to obtain DNA evidence and match it to the suspect.
Prosecutors had previously claimed DNA found on a knife sheath left at the scene of the murders is a ‘statistical match’ to a cheek swab taken from suspect.
The FBI said they used databases in publicly held DNA sites similar to 23andMe.
But in documents filed on Thursday, Kohberger’s attorneys claimed there was ‘no connection’ between Kohberger and the students fatally stabbed in their off-campus Moscow home.
The team of lawyers stated there was a ‘total lack’ of victims’ DNA found at Kohberger’s apartment, office or vehicle.
Kohberger’s lawyers also stated a second male’s DNA was found inside the Moscow home, and that police allegedly found DNA from a third man on a glove discovered outside the home.
‘To this date, the Defense is unaware of what sort of testing, if any, was conducted on these samples other than the STR DNA profiles.’
The filing, an Objection to State’s Motion for Protective Order, argues the defense team should have access to all the data and investigative genetic genealogy that led prosecutors to claim Kohberger’s DNA, collected with a buccal swab, was a ‘statistical match’ to DNA found on a knife sheath discovered at the scene.
A Ka-Bar knife similar to the one thought to have been used in the murders
The former criminology student last month chose to ‘stand silent’ at his arraignment and not guilty pleas were entered on his behalf
Prosecutors previously argued Kohberger had no right to FBI data uncovered from the method.
In their filing, the defense team said: ‘Perhaps unsurprisingly, Mr. Kohberger does not accept that his defense does not need this information.
‘The state apparently only wants to prevent Mr. Kohberger from seeing how the investigative genetic genealogy profile was created and how many other people the FBI chose to ignore during their investigation.’
Detectives found a Ka-Bar knife sheath on the bed with the bodies of Mogen and Goncalves. The sheath was partially under Mogen’s body and the comforter on the bed, according to court documents filed on June 16.
A sample of DNA left on the sheath is ‘at least 5.37 octillion times more likely to be seen if (the) Defendant is the source than if an unrelated individual randomly selected from the general population is the source,’ prosecutors said.
The former criminology student last month chose to ‘stand silent’ at his arraignment and not guilty pleas were entered on his behalf. He is charged with four counts of first-degree murder and burglary.
On Monday, the Latah County Prosecutors’ Office informed the court they would seek the death penalty because the killings were ‘especially heinous, atrocious or cruel, manifesting exceptional depravity.’
If convicted, Kohberger could be executed by a firing squad if the state cannot obtain the lethal necessary drugs.
Meanwhile, also on Tuesday, a cleaning company was seen parked outside the Moscow home where the murders took place.
The University of Idaho told Court TV they are beginning the process to remove all the personal items from the home for the families which will take several weeks.
The home is set to be demolished, but there is no set date for the demolition yet, the school added.
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